§ 31.046 — MISCELLANEOUS SIGNS

31.046 - MISCELLANEOUS SIGNS.

(1) Electronic Changeable Copy Signs. Electronic Changeable Copy Signs, as defined in Sec. 31.03(2), may be displayed on a wall, roof, above-roof, ground, projecting, or canopy sign, in Group 2 and 3 districts, and upon non-residential uses in Districts of Special Control, according to the following criteria: (a) The sign shall conform to all applicable provisions of this chapter (area, placement, etc.) for the type of sign in question. (b) The electronic changeable copy or images shall not alternate, change, fade in, fade out, or otherwise change more frequently than once every five (5) minutes in Group 2 and 3 districts, and once every one (1) hour for non-residential uses in Districts of Special Control, including Urban Design Districts. (c) Scrolling, racing, pixelating or moving characters or images, or those that have the appearance of movement, are prohibited for any reason, including as a method of changing copy under sub. (b) above. (d) All copy/characters or other changeable images shall be of one (1) color only, with light copy on a dark background. (e) Exceptions: 1. Scoreboards approved under Sec. 31.044(1)(a). 2. Official traffic control devices defined in Wis. Stats. § 340.01(38) (2005-06). 3. A sign with electronic changeable copy that displays only motor fuel prices or gasoline-ethanol fuel blend prices as regulated by Wis. Stat. § 100.18 and 168.11 (2005-06), may be exempt from Sec. 31.046(1)(a), (b) or (d) but is not exempt from Sec. 31.046(1)(c). 4. Time and Temperature. Signs with changeable copy displaying only the time and temperature may change as frequently as necessary to display the correct time and temperature, and are therefore exempt from Sec. 31.046(1)(b), but are not exempt from Sec. 31.046(1)(a), (c) and (d). The time and temperature may be displayed on any sign where allowed by this chapter, in any zoning district other than Group 1 districts. (f) Signs displayed in compliance with this Sec. 31.046(1) shall not be considered in violation of the prohibition against Flashing Signs in Sec. 31.045(3)(h). (g) Prohibition. Any sign that displays electronic changeable copy or other digital, electronic or internally illuminated text or images in violation of the above criteria, is prohibited. (2) Portable Signs. (a) Display on Private Property. Hand-carried portable signs may be displayed on a zoning lot in any zoning district, with the owner's permission and without a permit. Other Portable signs may be displayed on a zoning lot in the Group 2 and 3 districts with a permit and subject to the following: 1. Size. Maximum gross area of a portable sign on private property shall be thirty (30) inches wide by forty-eight (48) inches high. This is intended to incorporate a two by three (2 by 3) foot sign face on each side plus all supporting structures. All elements of the sign, including supporting structure or frame must fit within this maximum gross area. The maximum net area of the sign face shall be 2 by 3 feet per side with a maximum of two (2) signable sides or faces. The maximum height when measured vertically from the adjacent grade surface shall not exceed 48 inches. Sign copy shall not be displayed on more than two (2) sides or faces and shall not extend beyond the outer edges of the sign structure. 2. Number. A maximum of one portable sign (1) per street frontage and two (2) per zoning lot may be displayed. 3. The portable sign shall only be displayed when the business or organization to which the sign refers is open for business. 4. A portable sign shall be free-standing, self-supportive and constructed of substantial materials so as to withstand moderate wind velocity as required by Sec. 31.04(5)(f), and otherwise not create a hazard. 5. No portable sign shall be displayed within an entryway or exit that is required to remain unobstructed by any applicable ordinance, state or federal law. 6. Illumination. Portable signs shall not be illuminated. 7. A mobile grocery store, as defined in Sec. 28.211, parked on private property in compliance with Chapter 28, if meeting the criteria for a portable sign, is exempt from the permit fee for a portable sign and from sub. 1. above, and shall not be counted for purposes of the maximum number on a zoning lot under sub. 2. above. Additionally, when such a mobile grocery store is open for business on a zoning lot, up to (1) additional portable sign per street frontage may be displayed on the lot to draw attention to the mobile grocery store, if the signs meet all criteria of this section and a permit fee is paid and permit obtained for the sign. (b) Portable Signs on Public Property During an Event. Portable signs may be displayed in the right of way or on public property without a sign permit during the following types of events, as follows: 1. Portable signs used in a parade for which a permit has been issued under Sec. 12.87(11). 2. Portable signs displayed during and within the confines of an event for which a valid street use permit has been issued under Sec. 10.056, or displayed on private property directly adjacent to the area for which the street use permit has been issued and only while the street use permit is valid. 3. Portable signs used at a city park during and within the confines of an event for which a valid permit has been issued by the Parks Division of the City of Madison and only while the permit is valid. (c) Portable Signs on Public Property. This Sec. 31.046(2)(c) is a Charter Ordinance adopted pursuant to Wis. Stat. § 66.0101 and Article XI, Sec. 3 of the Wisconsin Constitution. Certain state statutes and administrative rules, specifically Wis. Stat. § 86.19, and administrative regulations adopted pursuant to that statute, raise doubts about whether signs may be located within the limits of highway rights-of-way ("ROW"). The determination of whether to allow certain portable signs on the public sidewalk area as described in this ordinance is a local affair of the government of the City of Madison. Portable signs as described herein provide identification, location and wayfinding information for all types of non-residential occupants in areas with minimal setback where there is no available space for visible signage on the private property. Such signage furthers the City's compelling interests in improving business vitality, wayfinding, vehicular and pedestrian traffic. Regulating the placement of such signs through a permit system with clear placement and construction regulations improves safety and aesthetics for all users of the sidewalk and decreases distractions to vehicle operators. Therefore, the City of Madison, through its Common Council, hereby determines that, to the extent Wis. Stat. § 86.19 and the Wisconsin Administrative Code restrict the City's ability to approve portable signs within the limits of any street or highway right-of-way, the City will not be governed by Wis. Stat. § 86.19 to that extent. This Charter Ordinance shall not apply to State Trunk Highways as defined in Wis. Stat. § 84.02. 1. Permit Required. Portable signs are prohibited in the ROW and other public property except as set forth in this sub. (c) and in sub. (b) above. No person shall display a portable sign in the right of way without a valid permit and except in compliance with the requirements of the approved permit and this subsection. 2. Permit Duration. The duration of a portable sign permit under this subsection shall be from April 15 to April 14. 3. Permit Fee. A non-refundable fee of one-hundred dollars ($100) per sign, per year for the duration stated above. 4. Zoning Districts and Use. Portable signs under this subsection may be displayed only in Group 2 and 3 zoning districts and only adjacent to a non-residential use. 5. Lack of Available Setback. Portable signs are permitted to be displayed in the ROW only if the setback for the building to which the sign pertains is less than three (3) feet and no alternative, legal space exists on the private property where a portable sign could be placed under Sec. 31.046(2)(b), and only in conformity with the requirements of this subsection. 6. General Location Requirements. a. In the Mall/Concourse Area. i. General. The permitted location for a portable sign in the ROW within the State Street Mall/Capitol Concourse Vending Area, as defined in Sec. 9.13(6)(a), shall be determined by the Zoning Administrator, using the placement requirements for sidewalk cafes in Sec. 9.13(6)(j) and sub. 7., Specific Location Requirements. The available locations in Sec. 9.13(6)(j) shall be the starting point and the precise allowable location for each sign shall be determined on a case-by-case basis by the Zoning Administrator, in compliance with the requirements of this section, and shall be indicated on the approved sign permit. No person shall display a portable sign in the ROW in a location other than the location approved on the permit. ii. Sidewalk Cafes and Merchant Vendors. An establishment holding a Mall/Concourse sidewalk café or merchant vending license under Sec. 9.13(6), shall be subject to alternate rules for portable sign display: A. If the sidewalk café or merchant vending equipment is not set up for the day, a portable sign meeting all of the requirements of this section may be displayed instead, with a valid portable sign permit. B. No portable sign shall be displayed for an establishment when any of its sidewalk café or merchant vending equipment are present, except as follows: Sidewalk Cafés. In lieu of any portable sign, up to two (2) signs, a maximum of 2 × 3 feet in net area, may be displayed on an enclosure of a licensed sidewalk café. The sign may be screen printed or otherwise directly applied to the enclosure material, or constructed of a lightweight, weather proof, rigid sign board with or without manual changeable copy features. Such signs shall meet all other applicable design criteria of this section set forth in sub. 8. and are subject to the same application process and permit fee as other portable signs under this section. If no part of the café is set up for the day, a regular portable sign may be displayed, with a permit under this section. Merchant Vendors. A merchant vendor may not display a portable sign in the right-of-way when any of its merchant vending equipment is present. Licensed merchant vendors may display a sign not to exceed 12 x 12 inches, affixed directly to each licensed display rack in a manner that does not project into the required walkway. b. Outside the Mall/Concourse Area. Permitted locations to place a portable sign outside the boundaries of the State Street Mall/Capitol Concourse Vending Area shall be determined by the Zoning Administrator on a case-by-case basis, within the follow parameters and subject to sub. 7., Specific Location Requirements: i. Sign shall be displayed immediately in front and between the side property lines or internal architectural features of the building designating the tenant space or occupancy of the business or organization to which the sign pertains (i.e. street frontage). If more than one occupant for the building qualifies for a sign under this section, the sign for each occupant shall be proximate to the building entrance for that occupant. ii. Sign placement shall allow for an unobstructed public pedestrian walkway of not less than six (6) feet in width that follows the path of pedestrian traffic on the street frontage in question, as determined by the Zoning Administrator. Portable signs shall not be placed within any such an area. When the path of pedestrian traffic flows away from the building face and closer to the roadway, the pedestrian walkway shall be measured from the desired sign location to the: - curb edge, - roadside edge of sidewalk if there is an unpaved terrace, - edge of the roadway if there is no curb, or - the near edge of any curbside public amenities such as parking meters, trees, or light posts. Alternatively, if the path of pedestrian traffic is closer to the building face than the roadway, the walkway may be measured from the building face to the sign. The points of measurement shall be determined by the Zoning Administrator. iii. If there is less than six feet of unobstructed pedestrian walkway in the area described in sub. i. above, no portable sign may be displayed. iv. Establishments with licensed sidewalk cafes outside the Mall/Concourse Area shall be subject to sub. 6.a.ii. 7. Specific Location Requirements. a. Portable signs shall be placed on the sidewalk or terrace areas only. b. Portable signs shall not be placed within a median, crosswalk, curb, curbcut, nor any part of the traveled portion of the roadway. c. Number. Maximum of 1 sign for each eligible occupant, per building street frontage, if space allows. Space on a sign may be shared by more than one occupant. d. Sign placement shall not interfere with building ingress and egress openings. e. Signs shall not be affixed, chained, anchored, or otherwise secured to the ground or to any pole, tree, tree grate, bicycle rack, or any other structure. f. Sign shall not be placed within the following vision clearance triangles demonstrated in Figure 1 below, and shall not obstruct any other applicable traffic visibility area required by ordinance or by the City Traffic Engineer. [image omitted; see the official code] Figure 1 g. Minimum Distance from Other Objects. i. 2 feet from the curb; 5 feet from the curb if immediately adjacent to an on-street disabled parking stall. ii. 2½ feet from any parking meter, parking meter space sign, or multi-space meter payment station, and 5 feet from a parking meter pole with a post-and-ring bicycle rack. iii. 5 feet from any pedestrian curb ramp. iv. A distance that does not in any manner interfere with the use of a bus shelter or bus stop, ingress or egress from bus shelter, or boarding the bus. v. 4 feet from any public, bench, planter, trash or recycling receptacle. vi. Bicycle Rack Clearance. Placement must maintain sufficient access aisles to all bicycle racks and bicycle parking areas, in accordance with Chapter 28. 8. Design and Size Requirements. a. Portable signs permitted under this subsection shall be of freestanding A-frame or sandwich board construction, meaning two angled boards connected at the top and supported by creating an "A" or triangular shape. b. The sign structure shall be self-supportive and constructed of substantial materials so as to withstand moderate wind velocity as required by Sec. 31.04(5)(f), and otherwise not create a hazard. c. Maximum gross area of 30 inches wide by 48 inches tall. This is intended to incorporate a 2 by 3-foot sign face on each side plus all supporting structures. All elements of the sign, including supporting structure or frame must fit within this maximum gross area. d. Maximum sign face of 2 by 3 feet per side. e. Total height when measured vertically from the adjacent grade surface cannot exceed 48 inches. f. No extensions beyond the gross area. (no sign extensions or projections) g. Shall not include wheels, feet or other base or foundation that extends beyond the bottom edge of each board of the A-frame. h. Accessibility Standards for Persons with Sight-Impairment. The sign structure shall include a horizontal component (e.g. chain or bar to connect the two sign boards) between 3 to 8 inches above the ground on all sides of sturdy and rigid construction. i. Sign must be maintained in good structural and aesthetic condition. j. Sign shall not include any sign copy or element that does not directly relate to the premises to which the portable sign corresponds, except a noncommercial message may be displayed pursuant to Sec. 31.04(1)(c). k. No illumination. l. No electronic changeable copy features. m. Manual changeable copy is permitted. n. No moving pieces or attention-getting devices. o. No part of the sign shall include mirrors, foil, or other reflective material, or retroreflective paint, sheeting or letters. p. Sign shall not direct traffic nor mimic official traffic control devices as prohibited by Sec. 31.045(3)(b). 9. Time of Placement. a. May be displayed only during the hours when the premises to which the sign corresponds is open to the public. b. Snow Clearance - City-wide. Shall not be displayed during a declared snow emergency under Sec. 12.045(1), MGO. c. Snow Clearance - Mall/Concourse. Within the State Street Mall/Capitol Concourse Vending area, shall not be placed before 11:00 a.m. and must be removed by 1:30 p.m., during a "Street Vending Snow Day" as defined in Sec. 9.13(6)(l)6.c. Additionally, whether or not a Street Vending Snow Day or snow emergency has been declared, from November to March, portable signs shall not be displayed when snow is accumulating on the sidewalk between 6 a.m. to 6 p.m. During such times, the Parks Division shall notify all permit holders via email that the restriction is in place, by 7 a.m. d. Shall not be displayed within a licensed street vending site, merchant vending site, or sidewalk café site held by another, during hours when such licensed activity is permitted, regardless of whether such licensed equipment is currently in place. e. Shall not be displayed within the perimeter of an event that holds a Street Use Permit issued under Sec. 10.056, or a parade permit under Sec. 12.87, MGO, for the sidewalk area in question, while the permit is in effect, without permission of the event permit holder. This does not include signs on sidewalk café enclosures unless the sidewalk café license has been invalidated during the special event under the procedures in Sec. 9.13(6)(k), MGO. 10. Application Requirements. An application for a portable sign in the ROW shall be accompanied by the permit fee required herein, shall comply with the requirements of Sec. 31.04 and shall include the following information: A diagram or site plan of the entire right-of-way area in front of the applicant's tenant or occupancy space that includes all details of the site such as the location of curbs, trees, poles, benches, gratings, street furniture, fire hydrants, store fronts and other amenities and the location in relation to the lot line and building setback. The diagram must be drawn to exact scale with the scale clearly indicated on the face of the drawing or site plan. A to-scale diagram or drawing of the proposed sign and its location shall also be attached. 11. Indemnification and Insurance. All applicants for a permit for a portable sign in the ROW shall agree, as a condition of being granted a permit, to indemnify, defend, and hold the City and its officers, officials, employees and agents harmless against all claims, liability, loss, damage, or expense incurred by the City on account of any injury to or death of any person or any damage to property caused by or resulting from the placement, use, maintenance, or presence of the applicant's portable sign in the public right-of-way. Prior to a permit being issued, the applicant shall also furnish a Certificate of Insurance, providing evidence of commercial general liability insurance with the City of Madison, its officers, officials, agents and employees named as additional insureds. The insurance shall include contractual liability coverage, apply on a primary and non-contributory basis, and minimum limits of one million dollars ($1,000,000) per occurrence. Permittee shall keep such insurance in full force and effect for the duration of the permit. Failure to maintain insurance meeting the requirements of this paragraph shall be grounds for immediate permit revocation. This insurance condition may be waived by the City Risk Manager for other governmental units. 12. Removal of Sign, Changes to Approved Location. Any violation of this subsection shall be deemed a hazard under the summary removal procedures in Sec. 31.04(4)(a) and any portable sign found in the right-of-way in violation of this subsection may be relocated or removed at the discretion of the Zoning Administrator or Police Department. Additionally, the approved location for a permitted portable sign is not guaranteed to remain available. Public construction, street improvements or redesign, or changes in public amenities, the addition of a licensed sidewalk cafe or merchant vending site for the building in question may result in the approved location being changed or eliminated at any time at the discretion of the Zoning Administrator. There shall be no refund of the permit fee for any action taken under this paragraph. 13. Sec. 31.07(5)(f) is a Charter Ordinance adopted pursuant to Wis. Stat. § 66.0101, and Article XI, Sec. 3 of the Wisconsin Constitution and shall be effective upon sixty (60) days from passage and publication, subject to the referendum procedures of Wis. Stat. § 66.0101(5). EDITOR'S NOTE: This is a Charter Ordinance adopted pursuant to Wis. Stat. § 66.0101, and Article XI, Sec. 3 of the Wisconsin Constitution and shall be effective upon sixty (60) days from passage and publication, subject to the referendum procedures of Wis. Stat. § 66.0101(5). (d) Hand-carried portable signs on private property with the owner's permission or hand-carried signs on the public sidewalk or other pedestrian way, if the person carrying the sign or the sign itself is not in violation of other ordinances or laws applicable to the location and conduct, including but not limited to obstructing traffic, obstructing the sidewalk, trespassing, or conducting or participating in an event for which a parade permit, street use permit or park use special event permit would be required by city ordinance, but without such a required permit. Portable hand-carried signs shall be prohibited on certain bridges and overpasses as stated in Sec. 31.045(3)(j) and this exception shall not apply. Nothing in this exception shall be construed to limit the application of Secs. 31.045(3)(b) and (c) of this ordinance, Wis. Stat. ch. 86 and any regulations created by the Department of Transportation, or any other federal, state or local law that prohibits or restricts signs in highways or other right-of-ways, except as expressly stated herein. (e) All other portable signs shall be prohibited. (3) Inflatable Signs. Inflatable signs, other than the exceptions enumerated herein, shall be prohibited because they are generally more distracting and hazardous to pedestrian and traffic safety, tend to have an anchoring device that is less reliable under wind pressure, and out of scale and less compatible with surrounding structures and signs. The following inflatable signs may be displayed as described below: (a) Parades. Balloons and inflatable figures and displays used in a parade for which a permit has been issued under Sec. 12.87(11). (b) Street Use Events and Parks Special Events. Inflatable signs, including registered hot air balloons moored and being used primarily as a sign, displayed during and within the confines of an event for which a valid street use permit has been issued under Sec. 10.056, or on private property directly adjacent to the area for which the street use permit has been issued, or at a city park during and within the confines of an event for which a valid permit has been issued by the Parks Division, and only while the permit is valid, subject to the following conditions: 1. A Certificate of Insurance, on a form acceptable to the City, showing that commercial general liability insurance is provided for the inflatable device with the City of Madison, its employees and agents being named as additional insureds. Liability coverage shall include no less than the following limits of liability; bodily injury, death and property damage of one million dollars ($1,000,000) in the aggregate. This policy shall also be enforced for contractual liability in the same amount. 2. Displays may not exceed thirty-five (35) feet in height and may not be displayed from rooftops or moored or tethered with the device floating more than one foot off the ground, unless approved by the Common Council under Sec. 10.056 or the Board of Park Commissioners for displays in public parks; 3. Displays must be set back sixty (60) feet from the traveled portion of any public street or highway and one hundred (100) feet from any intersection, unless approved by the Common Council under Sec. 10.056 or the Board of Parks Commissioners for displays in public parks; 4. Displays may not occupy parking spaces for the disabled, drive aisles, or required parking spaces for multi-tenant properties and must be safely displayed in accordance with the manufacturer's instructions and any applicable Federal Aviation Administration (FAA) regulations. (Am. by ORD-23-00008, 1-12-23) (c) The following inflatable devices shall not be considered a sign: 1. Registered hot air balloons in use and momentarily moored but not being used primarily as a sign. 2. Novelty-type balloons less than two (2) feet in diameter and less than three (3) feet in any dimension tethered or moored no more than ten (10) feet above the ground. 3. Inflatable noncommercial displays, such as seasonal or holiday decorations, displayed temporarily on private property of a residential use, that do not exceed fifteen (15) feet in height. (Am. by ORD-17-00124, 12-18-17) (4) Bicycle-Sharing Facility Signs. (a) The following commercial signs may be displayed on a non-City owned zoning lot in any zoning district where a City-sponsored bicycle-sharing facility (as defined in Sec. 10.33) is permitted under Chapter 28, in addition to the signage permitted elsewhere in this ordinance: (Am. by ORD-17-00124, 12-18-17) 1. Poster Board Sign. One (1) sign, permanently attached to the bicycle-sharing facility equipment, with not more than two (2) signs faces of not more than five feet and one inch (5'1") square feet in area per sign face, or with a single sign face of not more than ten (10) square feet in area. The sign shall not be illuminated and shall include a map and other information about the City-sponsored bicycle-sharing program. The sign may also include: a. The logo and/or business name of a business or businesses located; b. A business sign for one or more businesses located on the zoning lot where the facility is located; c. The name or logo of the operator or manufacturer of the bicycle-sharing facility; and, d. A City of Madison logo. 2. One (1) additional sign located elsewhere on the bicycle-sharing facility equipment, of not more than one (1) square foot in net area, bearing only the logo and/or business name of a business located on the zoning lot. Such sign shall not be illuminated. 3. Operator Logos: In addition to the logos on the poster board sign under sub. (a)1. above, the following signs bearing only name and logo(s) of the owner, managing agent, or manufacturer of the bicycle-sharing facility or other symbol to identify the equipment as a bicycle-sharing facility may be displayed on the facility equipment: a. One 2-sided round sign of not more than two (2) square feet in area, per side, and b. Up to two (2) additional signs of not more than one half (½) of a square foot mounted on the equipment. The operator logo signs under this subsection 3. are solely to identify the equipment as a City-sponsored bicycle-sharing facility and shall not include any business signs or sponsorship advertising. 4. One sign of not more than twenty (20) square inches, mounted upon the payment equipment, to identify credit cards accepted for payment. 5. One (1) sign of not more than one hundred five (105) square inches denoting the location name of the bicycle-sharing station. 6. Signs on Bicycles provided as part of the City-sponsored bicycle-sharing program as described in Sec. 10.33(10)(c)3.g. 7. One Instructional panel with information for operating the bicycle-sharing facility mounted elsewhere on the equipment, that may include a twelve square inch sign bearing the logo or business name only of the owner, managing agent, or manufacturer of the bicycle-sharing facility, and no other logos, business names or sponsorship signs of any kind. (b) Permit Fees. There shall be one permit fee covering all signs displayed on a City-sponsored bicycle-sharing facility, as established in Sec. 31.041. (c) Nothing in this section shall be construed to permit or allow the display of any advertising sign or off-premise directional sign on a bicycle-sharing facility on non-city owned zoning lots or private property. Any sign on a bicycle-sharing facility on non-city owned zoning lots or private property other than those expressly allowed under this subsection is prohibited.

(Am. by CHA-17-00001, 9-13-17, Eff. 11-13-17) (Am. by ORD-17-00094, 9-13-17) (Am. by ORD-14-00066, 4-16-14)